¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨Éä 3, 2017/´Éè¶ÉÉJÉ 13, ¶ÉEäò 1939

1
RNI  No. MAHENG /2009/35528

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

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ò¤ÉÖvÉ´ÉÉ®ú, ¨Éä 3, 2017/´Éè¶ÉÉJÉ 13, ¶ÉEäò 1939

[{ÉÞ¹`ä 24,  ËEò¨ÉiÉ : ¯û{ÉªÉä  27.00

+ºÉÉvÉÉ®úhÉ  Gò¨ÉÉÆEòú  80
|ÉÉÊvÉEÞòiÉ  |ÉEòÉ¶ÉxÉ
¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä  +ÊvÉÊxÉªÉ¨É ´É  ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ  Eäò±Éä±Éä +vªÉÉnäù¶É  ´É Eäò±Éä±Éä  Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Symbiosis Skills and Open University Act, 2017 (Mah. Act No. XXXVII of 2017),
is  hereby  published  under  the  authority  of  the  Governor.

By  order  and  in  the  name  of  the  Governor  of  Maharashtra,

PRAKASH  H.  MALI,
Principal  Secretary  to  Government,
Law  and  Judiciary  Department.

MAHARASHTRA  ACT  No.  XXXVII  of  2017.

(First  published,  after  having  received  the  assent  of  the  Governor  in  the
“Maharashtra  Government  Gazette”,  on  the  3rd  May  2017).

An  Act  to  provide  for  establishment,  incorporation  and  regulation  of
Symbiosis  Skills  and  Open  University  for  the  development  and
advancement  of  higher  education,  skill  development,  vocational
education  in  the  State  and  to  provide  for  matters  connected
therewith  or  incidental  thereto.

WHEREAS  it  is  expedient  to  provide  for  the  establishment
incorporation  and  regulation  of  Symbiosis  Skills  and  Open  University  for
the  development  and  advancement  of  higher  education,  skill  development,
vocational  education  in  the  State  and  to  provide  for  matters  connected
therewith  or  incidental  thereto,  for  the  purposes  hereinafter  appearing ;  it
is  hereby  enacted  in  the  Sixty-eighth  Year  of  the  Republic  of  India  as
follows  :—

(1) This Act may be called the Symbiosis Skills and Open University

1.
Act,  2017.

Short  title  and
commencement.

¦ÉÉMÉ  +É`ö--80----1

(1)

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(2) It shall come into force on such date, as the state Government may,

by  notification  in  the Official  Gazette, appoint.

Definitions.

2.

In  this  Act  unless  the  context  otherwise  requires,—

(i) “adjunct  professor”,  “adjunct  associate  professor”  or  “adjunct
assistant  professor”  means  a  person  from  industry,  trade,  agriculture,
commerce,  social,  cultural,  academic  or  any  other  allied  field  who  is  so
designated  during  the  period  of  collaboration  or  association  with  the
university;

(ii) “authorities”  means  the  authorities  of  the  university  as

specified  by  or  under  this  Act;

(iii) “Board  of  Management”  means  the  Board  of  Management

constituted  under  section  22  of  this  Act;

(iv) “campus”  means  the  area  of  University  within  which  it  is

established;

(v) “center  of  excellence”  means  the  state-of  the  art  training  or
research  center  established  in  collaboration  with  industry  or  for  the
benefit  of  the  industry  and  society,  to  provide  all  types  of  relevant
skills  to  students,  in-service  employees,  working  professionals  and  to
undertake  joint  projects;

(vi) “community college” means an institution providing skill based

academic  programs  as  prescribed  in  the  statutes;

(vii) “constituent institute” means a college or department or school
or  center  or  institute  established  by  the  sponsoring  body  which  comes
under  the  ambit  of  the  University;

(viii) “employee”  means  any  person  appointed  by  the  sponsoring
body  or  University  and  includes  teachers,  officers  and  other  staff  of
the  University;

(ix) “fee”  means  monetary  collection  made  by  the  University  or
its  colleges,  institutions,  skill  centers  or  study  centers,  as  the  case
may  be,  from  the  students  by  whatever  name  it  may  be  called,  which
is  not  refundable;

(x) “Government”  or  “State  Government”  means  the  Government

of  Maharashtra;

(xi) “Governing  Body”  means  the  Governing  Body  constituted

under  section  21  of  this  Act;

(xii) “higher  education”  means  pursuit  of  knowledge  beyond

learning  at  the  stage  of  higher  secondary  school  education;

(xiii) “hostel”  means  a  place  of  residence  for  the  students  or
scholars  of  the  University,  or  its  institutions,  colleges,  skill  centers,
centers  of  excellence  and  study  centers,  established  or  recognized  to
be  as  such  by  the  University;

(xiv) “notification”  means  a  notification  published  in  the Official

Gazette;

(xv) “Official  Gazette”  means  the Maharashtra  Government  Gazette;

(xvi)  “open  and  distance  education”  means  education  imparted  by
combination  of  any  two  or  more  means  of  communication, viz.
broadcasting,  telecasting,  Information  Communication  Technology,
correspondence  courses,  online  seminars,  contact  programmes  and  any
other  such  methodology;

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3

21  of
1860.
XXIX  of
1950.

(xvii)  “prescribed”  means  prescribed  by  statutes  or  ordinances  or

regulations,  as  the  case  may  be,  made  by  or  under  this  Act;

(xviii)  “President  or  Chancellor”  means  the  Chancellor  of  the

University.

(xix)  “regulating  body”  means  a  body  established  by  the  Central
Government  for  laying  down  norms  and  conditions  for  ensuring
academic  standards  of  higher  education,  such  as  University  Grants
Commission, All India Council of Technical Education, National Council
of  Teacher  Education,  Medical  Council  of  India,  Pharmacy  Council  of
India, National Council of Assessment and Accreditation, Indian Council
of  Agriculture  Research,  Distance  Education  Council,  Council  of
Scientific  and  Indian  Research  etc.  and  includes  the  Government;

(xx)  “rules”  means  the  rules  made  by  the  State  Government;

(xxi)  “section”  means  a  section  of  this  Act;

(xxii)  “sponsoring  body”  means  the  Symbiosis  Open  Education
Society;  a  Society  registered  under  Societies  Registration  Act  and
a  Public  Trust  under  Maharashtra  Public  Trust  Act;

(xxiii)  “State”  means  State  of  Maharashtra.

(xxiv) “statutes”, “ordinances” and  “regulations” mean respectively,
the  statutes,  ordinances  and  regulations  of  the  University  made  under
this  Act;

(xxv)  “student”  means  a  person  enrolled  in  the  University  for
taking  a  course  of  study  for  a  degree,  diploma  or  other  academic
distinction  instituted  by  the  University,  including  a  research  degree;

(xxvi)  “study  center”  means  a  center  established  and  maintained
or  recognized  by  the  University  for  the  purpose  of  advising,  counseling
or  for  rendering  any  other  assistance  required  by  the  students  in  the
context  of  open  and  distance  education;

(xxvii)  “skill  center  or  satellite  center”  means  a  training  center
established  by  the  university  to  provide  vocational  and  skill  training
for  the  benefit  of  the  industry,  students,  local  population  and  all
stakeholders ;

(xxviii) “Teacher” means a Professor, Associate Professor, Assistant
Professor,  Adjunct  Professor,  Industry  experts  or  resources  persons  or
any other person required to impart education, skills, practical training,
guide  research  or  render  guidance  in  any  form  to  the  students  for
pursuing  a  course  of  study  of  the  University;

(xxix)  “University”  means  the  Symbiosis  Skills  and  Open

University,  Pune.

3.

(1) There shall be established a University by the name of Symbiosis

Skills  and  Open  University,  Pune.

Incorporation
of  University.

(2)  The  President  or  Chancellor,  the  Vice-Chancellor,  the  Governing
Body, the board of management, the academic council and all other persons
who may hereafter become such officers or members so long as they continue
to  hold  such  office  or  membership,  are  hereby  constituted  and  declared  to
be  a  body  corporate  by  the  name  of  “Symbiosis  Skills  and  Open  University,
Pune”.
¦ÉÉMÉ +É`ö--80----1+

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(3)  The  University  shall  have  perpetual  succession  and  a  common  seal

and  shall  sue  and  be  sued  by  the  said  name.

(4)  The  University  shall  function  as  a  non-affiliating  University
established  under  this  Act  and  it  shall  not  affiliate  any  other  college  or
institute  for  the  award  and  conferment  of  degrees,  diplomas  and  certificate
to  the  students  admitted  therein.

(5)  The  University  shall  be  situated  and  have  its  head-quarters  at
Symbiosis  Skills  and  Open  University,  Kiwale,  PCMC  Area,  Off  Pune-
Mumbai  Expressway,  Pune,  Maharashtra.

Objects  of
University.

4. The  objects  of  the  University  shall  be  as  follows:—

(a)  to  provide  learning,  teaching,  capacity,  capability  and  skills
development  and  research  and  development  in  higher  and  technical
education,  covering  a  wide  spectrum  of  domains  and  specializations  as
may  be  relevant  from  time  to  time  including, inter-alia,  Liberal  Arts,
Humanities, Science, Social Sciences, Life Sciences and Biotechnologies,
Nano-Sciences  and  Technologies,  Professional  Disciplines  such  as
Engineering,  Technology,  Management,  Business  and  Commerce,
Pharmacy,  Retail,  Banking,  Hospital  Administration,  Architecture,
Urban  Development,  Applied  and  Creative  Arts,  Vocational  Education,
Media,  Information  and  Communication  Technology  and  Education  per
se  and  their  inter-disciplinary  studies  and  development ;

(b)  to  provide  instructions,  teaching  and  training  in  Higher  and
Technical  Education,  Arts,  Sports,  Culture,  Film,  Space  Technologies,
Marine  Research  and  make  provisions  for  research ;

(c)  to  create  higher  level  of  cognitive,  affective  and  psychomotor

(head,  hearts  and  hands)  abilities ;

(d)  create  higher  levels  of  intellectual  abilities ;

(e)  to  create  and  deploy  new  educational  programs  to  promote
creativity,  innovation  and  entrepreneurship  for  inventing  of  new  ways
for  development  and  social  reconstruction  and  transformation ;

(f)  to  establish  state-of-the-art  facilities  for  education,  vocational

education,  skill  training  and  development ;

(g)  to carry  out  teaching and  research  and  offer continuing  quality

education  programmes ;

(h)  to  create  centers  of  excellence  for  research  and  development
in  Science  and  Technology  and  socio–  economic  development,  and  for
sharing  knowledge  and  its  application ;

(i)  to  use  modern  and  post-modern  processes,  mechanisms  and
technologies  for  governance  and  management  of  learning,  teaching,
researching,  evaluating,  developing,  organizing  and  creating  socio-
economic  wealth  for  individuals  and  society  for  21st  century;

(j) to provide professional and development services to the industry

and  public  organizations  and  society;

(k)  to  start  higher  education  programs,  courses  in  new  and

emerging  areas  with  innovative  approaches;

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5

73  of
1993.
3  of  1956.
8  of  1948.
25  of
1961.

(l)  to  establish  links,  collaborations  and  partnerships  with  other

higher  education  and  research  institutions  in  India  and  abroad;

(m)  to  institute  degrees,  diplomas,  certificates  and  other  academic
distinctions  on  the  basis  of  examinations,  or  any  other  methods  of
evaluation;

(n) to  establish innovative  approaches for  creation of  seamlessness
in  academic  structures,  learning  time-frames,  and  working  and
continuous  evaluation  processes  for  nurturing  and  cultivation  of
creativity  and  entrepreneurship;

(o)  to  pursue  any  other  objectives  as  may  be  suggested  by  the

Government;

(p) to ensure that the standard of the degree, diplomas, certificates
and other academic distinctions conferred by a university are not lower
than  those  laid  down  by  the  All  India  Council  for  Technical  Education
or  the  National  Council  for  Teacher  Education  established  under  the
National  Council  for  Teacher  Education  Act,  1993  or  the  University
Grants  Commission  constituted  under  the  University  Grants
Commission  Act,  1956  or  the  Pharmacy  Council  of  India  constituted
under  the  Pharmacy  Act,  1948  or  the  Bar  Council  of  India  constituted
under  the  Advocates  Act,  1961  or  National  Skill  Development
Corporation  or  any  other  statutory  body,  as  the  case  may  be;

(q)  to  aim  at  reaching  the  unreached  by  using  latest  Information
Communication  Technology  to  deliver  education,  training  and  teaching
resources  to  learners;

(r)  to  provide  a  teaching  learning  pedagogy  which  combines
multiple  forms  of  education  and  learning  pedagogy  and  delivery
(blended  or  distance  or  open  or  online  or  skill  or  other)  and  thus
provide  a  ‘Virtual  Campus’  where  students  will  come  together  with
experienced  faculty  and  industry  members  to  develop  and  evolve;

(s)  to  provide  learning  opportunities  to  wide  range  of  learners
representing diverse backgrounds, age groups and socio-economic status
and  geographic  location  through  a  self-paced,  self-styled  learning
environment;

(t)  to  collaborate  with  other  colleges,  universities,  research
institutions,  profit  and  non-profit  organizations,  corporates,  industry,
professional  associations  or  other  organizations  in  India  or  overseas  to
conceptualize, design, develop and offer specific education and research
programmes,  training  programmes,  skilling  and  exchange  programmes
for  students,  faculty  members  and  others;

(u)  to  provide  a  teaching  learning  pedagogy  focused  on  hands-on
training,  professional  and  skill  based  training  in  line  with  market
needs;

(v)  to  conduct  research  in  labour  market  requirements  in  order  to
understand  emerging  trends  and  offer  suitable  curricula,  courses  and
programs;

(w)  to  undertake  collaborative  research  and  advocacy  with  any
organizations  in  India  or  overseas  for  promoting  innovative  models  of
education,  research,  training  and  skill  development;

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(x)  to  design  and  deliver  high  quality  training,  capacity  building
and  development  systems  for  teachers,  administrators  and  working
professionals;

(y)  to  collaborate  with  other  institutes  or  universities  or  labs  or
agencies or organizations of repute from other States of India or foreign
countries  to  offer  joint  programmes  or  courses  or  research  or  exchange
faculty or information or share practices and give or receive equipment
or  resources  or  grants  or  consultancy  for  benefit  of  students;

(z)  to  offer  facility  for  recognition  of  prior  learning;

(aa) to  offer  facility  of  credit  banking  or  transfer  system  to  create
options  of  multi-entry  and  exit  and  opportunities  for  movement  across
Universities  or  domains  or  sectors;

(ab) to provide students an opportunity of life long and continuous
training  through  University  courses  offered  through  conventional  or
blended  or  distance  or  open  or  online  education  and  other  education
delivery  models  suitable  for  different  pedagogical  approaches  and
systems;

(ac) to  provide  education,  training  and  skill  development
opportunities  to  the  informal  sector  and  unorganized  workforce  in
order  to  build  productivity;

(ad) to  provide  flexible  and  modular  learning  pathways  thereby

enabling  multi  entry  and  exit  option;

(ae) to  provide  vertical  mobility  to  students  undergoing  technical,
vocational  and  skill  based  education  and  training  by  offering  Diploma,
Bachelor,  Masters  and  Doctoral  programs  in  high  growth  sectors  and
offer  various  specializations  to  prepare  our  youth  towards  gainful
employment;

(af) to  provide  a  flexible  and  open  system  of  learning;

(ag) to  conduct  pedagogical  and  skill  enhancement  training  and
development  programs  for  faculty  and  trainers  who  are  involved  in
imparting  vocational  education  and  skill  training;

(ah) to  provide  professional  and  development  services  to  the

industry,  organizations,  agencies  and  the  society  at  large;

(ai) to  provide  skill  development  and  training  through  a  variety

of  programs  leading  to  gainful  employment  and  entrepreneur  ship;

(aj)  to  undertake  skill  assessments  for  the  students  studying  in
the  University  as  well  as  for  other  students,  agencies,  training
providers, institutions, industry and organizations ; to organize training
on  conducting  skill  assessments  for  faculty,  trainers,  agencies,
institutions  and  organizations ;  to  do  research  in  the  pedagogy  of  skill
assessments,  online  assessments,  computerized  assessments  or  tests
and  develop  required  software,  hardware  solutions  or  other  systems
or  processes  for  carrying,  out  assessments  or  tests ;

(ak)  to  encourage  industrial  participation  through  establishment
of  innovation  labs,  in-service  training  centers,  workshops  and  active
participation  in  all  aspects  of  governance,  curricula  design,  skill
training,  placements,  internships,  consultancy,  joint  projects,  etc ;

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7

(al)  to  establish  Campuses,  Skill  Centers,  Community  Colleges,
Study  Centers,  Information  Centers,  Test  or  Examination  Centers,
Centers of Excellence, Off Campus, Off shore Campuses, etc. at various
locations  in  and  outside  the  State  and  country  to  facilitate  delivery,
student  services  and  dissemination  of  education,  consultancy,
information  and  skill  training ;

(am) to liaison or collaborate with various ministries, State bodies,
departments,  agencies  or  other  statutory  bodies  at  state,  national,
international  level  in  order  to  understand  education  and  skilling  needs
and  to  impart  programmes  accordingly ;

(an)  to  interact  with  industries  for  participation  in  curricula
development, teacher training, practical, research, on-job training, skill
assessments  etc. ;

(ao)  to  undertake  necessary  or  expedient  action  to  pursue  and

promote  the  objectives  of  the  University.

5. The  University  shall  have  the  following  powers  and  functions,

namely  :—

Powers  and
Functions.

(i) to  make  provisions  and  adopt  all  measures  (including  adoption
and updating of the curricula) in respect of study, teaching and research,
relating  to  the  courses  through  traditional  as  well  as  new  innovative
modes  including  on-line  education  mode ;

(ii) to  institute  and  confer  degrees,  diplomas,  certificates,  awards,

grades,  credits  and  academic  distinctions ;

(iii) to  conduct  and  hold  examinations ;

(iv) to  provide  for  the  degrees,  diplomas,  certificates,  equivalent
or  corresponding  to  the  degrees,  diplomas,  certificates  of  other
recognized  Universities,  Boards  or  Councils ;

(v) to offer any academic programmes , as approved by its statutory

bodies  from  time  to  time ;

(vi) to  take  all  necessary  measures  for  setting  up  campus ;

(vii) to  set  up  central  library,  departmental  libraries,  museums

and  allied  matters ;

(viii) to  institute  and  confer  honorary  degrees  as  may  be

prescribed ;

(ix) to  institute  and  award  fellowships,  scholarships,  studentships

as  may  be  specified ;

(x) to  take  special  measures  for  spreading  educational  facilities

among  the  educationally  backward  strata  of  the  society ;

(xi) to  encourage  and  promote  sports  and  other  extra-curricular

activities ;

(xii) to  create  technical,  administrative  and  other  necessary  posts

and  to  make  appointments  thereto ;

(xiii) to  undertake  research  projects  on  mutually  acceptable  terms

and  conditions ;

(xiv) to  provide  consultancy  services ;

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(xv) to  frame  statutes,  ordinances,  rules  and  regulations  for
carrying  out  the  objects  of  the  University  in  accordance  with  the
provisions  of  the  Act ;

(xvi) to  encourage  and  promote  co-curricular  activities  for
personality  development  of  the  teachers,  students  and  employees  of
the  University ;

(xvii) to  provide  for  dual  degrees,  diplomas  or  certificates
vis-a-vis  other  Universities  on  reciprocal  basis  within  and  outside  the
country  as  per  instructions  of  the  State  Government,  Government  of
India  and  University  Grants  Commission ;

(xviii) to  make  such  provisions  for  integrated  courses  in  different

disciplines  in  the  educational  programmes  of  the  University ;

(xix) to  set-up  centers,  colleges,  institutions,  off-campus  centers,
off-shore  campus,  study  centers,  community  colleges,  skill  centers,
examination  centers,  centers  of  excellence,  satellite  centers  as  per  the
instructons  issued  by  the  State  Government,  Central  Goverment  and
University  Grants  Commission  from  time  to  time ;

(xx) to  receive  donations,  gifts  and  grants  and  to  acquire,  hold,
manage  and  dispose  of  any  property,  movable  or  immovable,  including
trust  or  endowed  property  within  or  outside  the  State  for  the  purposes
and  objects  of  the  University  and  to  invest  funds ;

(xxi) to  prescribe  the  fee  structure  for  various  courses,  from  time

to  time,  as  per  provisions  of  this  Act ;

(xxii) to  demand  and  receive  payments  of  such  fees  and  other

charges,  as  may  be  specified,  from  time  to  time ;

(xxiii) to  seek  collaboration  with  other  institutions  on  mutually

acceptable  terms  and  conditions ;

(xxiv) to  determine  salaries,  remunerations,  honoraria  to  teachers
and employees of the University in accordance with the norms, specified
by the University Grants Commission and the other regulatory bodies ;

(xxv) to  organize  and  to  undertake  extra-mural  teaching  and

extension  services ;

(xxvi) to  establish  and  maintain  Halls  and  Hostels ;

(xxvii) to  recognize,  supervise  and  control  Halls  and  Hostels  not
maintained  by  the  University  and  other  accommodation  for  the
residence  of  the  students  and  to  withdraw  any  such  recognition ;

(xxviii) to  regulate  and  enforce  discipline  among  students  and
employees  of  the  University  and  to  take  such  disciplinary  measures  as
may  be  deemed  necessary ;

(xxix) to  make  arrangements  for  promoting  health  and  general

welfare  of  the  students  and  the  employees  of  the  University ;

(xxx) to  co-operate  with  any  other  University  in  and  outside  the
country,  authority  or  any  public  or  private  body  having  in  view  the
promotion  of  purposes  and  objects  similar  to  those  of  the  University
for such purposes as may be agreed upon, on such terms and conditions
as  may,  from  time  to  time,  be  specified ;

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(xxxi) to  provide  for  the  printing,  re-printing  and  publication  of
research  and  other  work,  including  text  books,  which  may  be  issued
by  the  University ;

(xxxii) to  comply  and  follow,  from  time  to  time,  the  provisions  of
the  University  Grants  Commission  (Establishment  and  Maintenance
of  Standards  in  Private  Universities)  Regulations,  2003  or  any  other
regulations or directions issued by the University Grants Commission ;

(xxxiii) to  comply  with  and  carry  out  directives  issued  by  the
State  Government  from  time  to  time,  with  reference  to  above  powers,
duties  and  responsibilities  of  the  University ;

(xxxiv) institute degrees, diplomas, certificates and other academic
distinctions  on  the  basis  of  successful  completion  of  respective  degree
programs  and  award  of  credits  for  academic  work  evaluated  through
multiple  methods  of  assessment ;

(xxxv) to  make  provisions  for  designing  the  program  structures,
curricula,  credit  system,  teaching  learning  methodology,  evaluation
pedagogy  and  adopt  all  measures  in  respect  of  study,  teaching  and
research,  relating  to  the  programs  offered  by  the  University,  in  line
with  industry  requirement ;

(xxxvi) to  prescribe  norms  of  minimum  qualification  for  teachers,
staff  and  Industry  experts  or  resource  persons  to  be  appointed  in
teaching  cadre  and  for  training ;

(xxxvii) to  prescribe  the  evaluation  methodology  including
modalities  of  industry  based  skill  assessment,  industry  based  projects,
internships,  on  the  job  training  and  any  related  activities ;

(xxxviii) to  institute  choice  based  credit  system  in-line  with  skill
development  pedagogy,  providing  students  the  facility  of  multi-entry-
exit  and  credit  banking  and  transfer  at  all  levels ;

(xxxix) to  establish  Department  of  Open,  Distance  Learning  and
Continuing Education, to offer certificate, diploma and degree programs
to  students  and  working  professionals ;

(xl) to introduce open and distance learning programs as per needs

of  the  students  and  industry ;

(xli) to  conduct  multiple  enrollment  cycles  for  Open  and  Distance

Learning  programs  being  offered  by  the  University ;

(xlii) to  offer  any  existing  programs  presently  under  the  aegis  of
one  of  the  constituents  of  sponsoring  body  namely  Symbiosis  Center
for Distance Learning through Department of Open, Distance Learning
and  Continuing  Education ;

(xliii) to  institute  scheme  for  multi-entry  and  multi  exit,
recognition of prior learning, credit banking and transfer, credit waiver,
vertical and lateral mobility and any other such scheme which promotes
skill  development  at  large ;

(xliv) to  establish  Department  of  Recognition  of  Prior  Learning
to  provide  equivalency  certificates,  course  exemptions,  bridge  courses,
certificate of skill mapping, flexible learning pathways etc. to students ;

¦ÉÉMÉ  +É`ö--80----2

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(xlv) to  undertake  skill  assessments  for  the  students  studying  in
the  University  as  well  as  for  other  students,  agencies,  training
providers,  institutions,  industry  and  organizations,  desirous  of
undertaking  third  party  assessments ;

(xlvi) to  establish  Vocational  and  Employment  Guidance  Cell  to
interact  with  local  industries  to  understand  the  employment
opportunities  and  emergent  job  requirements  and  to  help  students
choose  a  career  of  his  or  her  choice  through  career  counselling ;

(xlvii) to  establish  a  Department  of  Applied  Research  to
coordinate  with  local  Industry,  understand  their  research  needs  and
take  up  joint  research  projects ;

(xlviii) to  do  all  such  things  as  may  be  necessary,  incidental  or
conducive  to  the  attainment  of  all  or  any  of  the  objects  of  the
University.

6.

(1)  No  citizen  of  India  shall  be  excluded  from  any  office  of  the
university  or  from  membership  of  any  of  its  authorities,  bodies  or
committees,  or  from  appointment  to  any  post,  or  from  admission  to  any
degree,  diploma,  certificate  or  other  academic  distinction  or  course  of  study
on the ground only of sex, race, creed, class, caste, place of birth, nationality,
religious  belief  or  profession,  or  political  or  other  opinion;

(2) The  university  shall  adopt  government  policy  and  orders  issued,
from  time  to  time,  in  regard  to  the  reservation  for  Scheduled  Castes,
Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other
Backward  Classes,  Other  Backward  Category  for  the  purpose  of  admission
of  students  in  the  University  departments  and  institutions.

(3) The  University  shall  adopt  the  general  policy  of  the  State
Government  in  regard  to  the  welfare  of  various  categories  of  weaker
sections  of  the  society  and  minorities  as  directed  by  the  State  Government,
from  time  to  time.

University
open  to  all.

University  to  be
self-financed.

7. The  University  shall  be  self-financed  and  it  shall  not  be  entitled
to  receive  any  grant  or  other  financial  assistance  from  the  Government.

Endowment
Fund.

8.

(1) The sponsoring body shall establish a permanent statutory fund
to be called the “Endowment Fund” for the University which shall comprise
of at  least five crore rupees  which may be  increased suo motu but shall  not
be  decreased.

(2) The  Endowment  Fund  shall  be  kept  as  security  deposit  to  ensure
strict  compliance  of  the  provisions  of  this  Act,  rules,  regulations,  statutes
or  ordinances  made  there  under.

(3) The  Government  shall  have  the  powers  to  forfeit,  in  the  prescribed
manner,  a  part  or  whole  of  the  Endowment  Fund  in  case  the  University  or
the  sponsoring  body  contravenes  any  of  the  provisions  of  this  Act,  rules,
statutes,  ordinances  or  regulations  made  there  under.

(4) Income from Endowment Fund may be utilized for the development
of  infrastructure  of  the  University  but  shall  not  be  utilized  to  meet  out  the
recurring  expenditure  of  the  University.

(5) The  amount  of  Endowment  Fund  shall  be  kept  invested,  until  the
dissolution  of  the  University,  by  way  of  long  term  securities  received  or
guaranteed  by  the  Government  subject  to  the  condition  that  the  amounts
so  invested  from  the  Fund  shall  not  be  withdrawn  without  the  permission
of  the  Government.

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11

(6) The  certificates  of  the  long  term  securities  shall  be  kept  in  the
safe  custody  of  the  Government;  and  the  Government  shall  have  the  right
to  encash  the  deposit  amount  for  the  purpose  mentioned  in  sub-section  (3).

9. University  shall  also  establish  a  fund,  which  shall  be  called  the

General  Fund.

General  Fund  to  which  following  shall  be  credited,  namely  :—

(i) fees  and  other  charges  received  by  the  University  ;

(ii) any  contribution  made  by  the  sponsoring  body  ;

(iii) any  income  received  from  consultancy  and  other  works

undertaken  by  the  University  ;

(iv) bequests,  donations,  endowments  and  any  other  grants ;  and

(v) all  other  sums  received  by  the  University.

10. The  General  Fund  shall  be  utilized  for  meeting  all  expenses,
recurring  or  non-recurring  in  connection  with  the  affairs  of  the  University :

Application  of
General  Fund.

Provided  that  no  expenditure  shall  be  incurred  by  the  University  in
excess  of  the  limits  for  total  recurring  expenditure  and  total  non-recurring
expenditure  for  the  year,  as  may  be  fixed  by  the  board  of  management,
without  the  prior  approval  of  the  board  of  management.

11. The  following  shall  be  the  officers  of  the  University,  namely :—

Officers  of  the
University.

(i) the  President who  shall  also  be  the  chancellor ;

(ii) the  Vice-Chancellor ;

(iii) Deans  of  Faculties

(iv) the  Registrar ;

(v) the  Chief  Finance  and  Accounts  Officer ;

(vi) the  Controller  of  Examinations ;  and

(vii) Such  other  persons  in  the  service  of  the  University  as  may

be  declared  by  the  statutes  to  be  the  officers  of  the  University.

12.

(1)  The  President  shall  be  appointed  by  the  sponsoring  body  for
a  period  of  three  years,  with  the  approval  of  the  Government  in  such
manner,  as  may  be  prescribed  by  the  rules.

President.

(2) The  eligibility  and  criteria  for  the  post  of  President  shall  be  as
may  be  prescribed  by  the  rules  and  regulations  issued  by  the  State
Government.

(3) The  President  shall  be  the  Head  of  the  University.

(4) The  President  shall  preside  over  at  the  meetings  of  the  Governing
Body  and  convocation  of  the  University  for  Conferring  Degrees,  diplomas
or  other  academic  distinctions.

(5) The  President  shall  have  the  following  powers,  namely :—

(a) to  call  for  any  information  or  record  from  any  officer  or
authority  of  the  University,  relating  to  the  affairs  of  the  University  ;

(b) to  appoint  the  Vice-Chanceilor  ;

(c) to  remove  the  Vice-Chanceilor  in  accordance  with  the

provisions  of  sub-section  (7)  of  section  14  of  this  Act  ;

(d) such  other  powers  as  may  be  specified  by  the  statutes.

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Removal  of
President.

13. The  President  may  be  removed  from  his  office  by  the  sponsoring

body,  if  it  is  satisfied  that  the  incumbent,—

Vice-Chancellor.

(a) becomes  insane  and  stands  so  declared  by  a  competent  court  ;

(b) has  been  convicted  by  a  court  for  any  offence  involving  moral

turpitude  ;

(c) become  an  undischarged  insolvent  and  stands  so  declared  by  a

competent  court  ;

(d) become  physically  unfit  and  incapable  of  discharging  the  functions
or  duties  of  the  office  due  to  protracted  illness  or  physical  disability  ;  or

(e) has  Willfully  omitted  or  refused  to  carry  out  the  provisions  of  this
Act  or  has  committed  breach  of  any  of  the  terms  and  conditions  of  the
service  contract  or  any  other  conditions  laid  down  by  the  Statutes,  or  has
abused  the  powers  vested  in  him  or  if  the  continuance  of  the  President  in
the  office  has  become  detrimental  to  the  interests  of  the  University :

Provided  that,  the  President  shall  be  given  a  reasonable  opportunity
to  show-cause  by  the  sponsoring  body  before  taking  recourse  to  action
under  clauses  (d)  and  (e)  for  his  removal  from  the  said  office.

14.

(1)  The  Vice-Chancellor  shall  be  appointed  by  the  President,  on
such  terms  and  conditions  as  may  be  specified  by  statutes,  from  a  panel  of
three  persons  recommended  by  the  Governing  Body  and  shall,  subject  to
the  provisions  contained  in  sub-section  (7),  hold  office  for  a  term  of  three
years :

Provided  that,  after  the  expiry  of  the  term  of  three  years,  the  Vice-
Chancellor  shall  be  eligible  for  re-appointment  for  another  term  of  three
years :

Provided  further  that,  the  Vice-Chancellor  shall  continue  to  hold  office
even  after  the  expiry  of  his  term  till  new  Vice-chancellor  joins,  however,
in  any  case,  this  period  shall  not  exceed  one  year.

(2) The  Vice-Chancellor  shall  be  the  principal  executive  and  academic
officer-of  the  University  and  shall  have  the  powers  of  superintendence  and
control  over  the  affairs  of  the  University  and  shall  execute  the  decisions  of
various  authorities  of  the  University.

(3) The  Vice-Chancellor  shall  preside  over  at  the  convocation  of  the

University  in  the  absence  of  the  President.

(4) If  in  the  opinion  of  the  Vice-Chancellor,  it  is  necessary  to  take
immediate  action  on  any  matter  for  which  powers  are  conferred  on  any
other  authority  by  or  under  this  Act,  he  may  take  such  action  as  he  deems
necessary  and  shall  at  the  earliest  opportunity  thereafter,  report  his  action
to such  officer or  authority as  would have  in the  ordinary course  dealt with
the  matter :

Provided  that,  if  in  the  opinion  of  the  concerned  officer  or  authority
such  action  should  not  have  been  taken  by  the  Vice-Chancellor,  then  such
case  shall  be  referred  to  the  President,  whose  decision  thereon  shall  be
final.

(5) If,  in  the  opinion  of  the  Vice-Chancellor,  any  decision  of  any
authority  of  the  University  is  outside  the  powers  conferred  by  this  Act  or
statutes,  ordinances,  regulations  or  rules  made  there  under  or  is  likely  to
be  prejudicial  to  the  interests  of  the  University,  he  shall  request  the

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13

concerned  authority  to  revise  its  decision  within  fifteen  days  from  the  date
of  decision  and  in  case  the  authority  refuses  to  revise  such  decision  wholly
or  partly  or  fails  to  take  any  decision  within  fifteen  days,  then  such  matter
shall  be  referred  to  the  President  and  his  decision  thereon  shall  be  final.

(6) The  Vice-Chancellor  shall  exercise  such  powers  and  perform  such

duties  as  may  be  specified  by  the  statutes  or  the  ordinances.

(7) If  at  anytime  upon  representation  made  or  otherwise  and  after
making such inquiry as may be deemed necessary, the situation so warrants
and  if  the  continuance  of  the  Vice-chancellor  is  not  in  the  interests  of  the
University, the President with approval of governing body may, by an order
in writing stating the reasons therein, ask the Vice-Chancellor to relinquish
his  office  from  such  date  as  may  be  specified  in  the  order :

Provided that,  before taking an action  under this sub-section,  the Vice-

Chancellor  shall  be  given  an  opportunity  of  being  heard.

15.

(1)  The  Deans  of  Faculties  shall  be  appointed  by  the  President  in
such manner and on such terms and conditions of service as may be specified
by  the  statutes.

Deans  of
Faculties.

(2) The Deans of Faculties shall assist the Vice-Chancellor in managing
the  academic  and  other  affairs  of  the  University  and  shall  exercise  such
powers and perform such functions as may be prescribed by the regulations
or  be  entrusted  by  the  President  and  Vice-Chancellor.

16.

(1)  The  Registrar  shall  be  appointed  by  the  President  in  such
manner  and on  such  terms and  conditions  of  service as  may  be specified  by
the  statutes.

Registrar.

(2) The  Registrar  shall  be  the  chief  administrative  officer  of  the
University.  Subject  to  the  decision  of  the  authorities  of  the  University,  he
shall  have  the  power  to  enter  into  agreement,  contract,  sign  documents
and  authenticate  records  on  behalf  of  the  University.  He  shall  exercise
such  powers  and  perform  such  duties  as  may  be  specified  by  the  statutes.

(3) The  Registrar  shall  be  the  Member-Secretary  of  the  Governing
Body,  Board  of  Management  and  Academic  Council,  but  shall  not  have  the
right  to  vote.

(4) The  registrar  shall  be  the  custodian  of  the  records,  the  common
seal  and  such  other  property  of the  University  as  the  Governing  Body  may,
commit  to  his  charge.

(5) The  registrar  shall  exercise  such  other  powers  and  perform  such
other  duties  as  may  be  prescribed  by  or  under  this  Act,  or,  as  may  be
conferred  on  him  by  the  statutes  or,  may  be  assigned  to  him,  by  the  Vice-
Chancellor,  from  time  to  time.

17.

(1)  The  Controller  of  Examinations  shall  be  appointed  by  the
President  in  such  manner  and  on  such  terms  and  conditions  of  service  as
may  be  specified  by  the  statutes.

Controller  of
Examinations.

(2) The  Controller  of  Examinations  shall  be  the  Principal  officer-in-
charge  of  the  conduct  of  examinations  and  tests  of  the  University  and
declarations  of  their  results.  He  shall  discharge  his  functions  under  the
superintendence,  directions  and  guidance  of  the  Vice-Chancellor.

(3) The  Controller  of  Examinations  shall  be  a  full-time  salaried  officer
of  the  University  and  shall  work  directly  under  the  direction  and  control

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of  the  Vice-Chancellor  of  the  University.  His  appointment  shall  be  for  a
term  of  three  years  and  he  shall  be  eligible  for  re-appointment  for  a  term
not exceeding three years. The qualifications and experience for the purpose
of  selection  of  the  Controller  shall  be  such  as  may  be  prescribed  by  the
statutes.

(4) The  Controller  of  Examination  shall  be  responsible  for,—

(a) preparing and announcing in advance the calendar of examinations;

(b) arrangement  for  printing  of  question  papers ;

(c) arrangement for the timely publication of result of examinations

and  other  tests ;

(d) taking  disciplinary  action  where  necessary  against  the
candidates,  paper-setters,  examiners,  moderators,  or  any  other  persons
connected  with  examinations  and  found  guilty  of  malpractices  in
relations  to  the  examinations;

(e) reviewing  from  time  to  time,  the  results  of  University
examinations  and  forward  reports  thereon  to  the  Academic  Council.

(5) The  Controller  of  Examination  shall  exercise  such  other  power
and  perform  such  other  duties  as  may  be  prescribed  or  assigned  to  him.

Chief  Finance
and  Accounts
Officer.

18.

(1)  The  Chief  Finance  and  Accounts  Officer  shall  be  the  principal

finance,  accounts  and  audit  officer  of  the  University.

(2) The  Chief  Finance  and  Accounts  Officer  shall  be  appointed  by  the
President  in  such  manner  and  on  such  terms  and  conditions  of  service  as
may  be  specified  by  the  statutes.

(3) The  Chief  Finance  and  Accounts  Officer  shall  exercise  such  powers

and  perform  such  duties,  as  may  be  specified  by  the  statutes.

Other  Officers.

19.

(1)  The  University  may  appoint  such  other  officers  as  may  be

necessary  for  its  functioning.

(2) The  manner  of  appointment  of  other  officers  of  the  University,  the
terms  and  conditions  of  service  of  such  officers  and  their  powers  and
functions  shall  be  such  as  may  be  specified  by  the  statutes.

20. The  following  shall  be  the  authorities  of  the  University,

namely  :—

Authorities  of
University.

(a) the  Governing  Body ;

(b) the  Board  of  Management ;

(c) the  Academic  Council ;

(d) the  Board  of  Examinations ;  and

Governing
Body.

(e) such other authorities as may be declared by the statutes to be

the  authorities  of  the  University.

21.

(1)  The  Governing  Body  of  the  University  shall  consist  of  the

following  members,  namely  :—

(a) the  President;

(b) the  Vice-Chancellor;

(c) five  persons,  nominated  by  the  sponsoring  body  out  of  whom

two  shall  be  eminent  educationists;

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15

(d) one  expert  of  skill  development,  education  or  other  relevant

areas  from  outside  the  University,  nominated  by  the  President;

(e) two  persons,  nominated  by  the  State  Government;

(f) two  representatives  of  the  industries  to  be  nominated  by  the

President;

(g) the  Registrar  of  the  University  shall  be  the  permanent  invitee

to  the  Governing  Body  but  shall  not  have  right  to  vote.

(2) The  Governing  Body  shall  be  the  supreme  authority  of  the

University.

(3) The  Governing  Body  shall  have  the  following  powers,  namely :—

(a) to  provide  general  superintendence  and  directions  and  to
control  functioning  of  the  University  by  using  all  such  powers  as  are
provided  by  this  Act  or  the  statutes,  ordinances,  regulations  or  rules
made  there  under;

(b) to  review  the  decisions  of  other  authorities  of  the  University
in  case  they  are  not  in  conformity  with  the  provisions  of  this  Act  or
the  statutes,  ordinances,  regulations  or  rules  made  there  under;

(c) to  approve  the  budget  and  annual  report  of  the  University;

(d) to  lay  down  the  policies  to  be  followed  by  the  University;

(e) to  recommend  to  the  sponsoring  body  about  the  voluntary
liquidation  of  the  University  if  a  situation  arises  when  smooth
functioning  of  the  University  does  not  remain  possible,  in  spite  of  all
efforts;  and

(f) such  other  powers  as  may  be  prescribed  by  the  statutes.

(4) The  Governing  Body  shall  meet  at  least  thrice  in  a  calendar  year.

(5) The  quorum  for  meetings  of  the  Governing  Body  shall  be  five.

22.

(1)  The  Board  of  Management  shall  consist  of  the  following

members,  namely :—

(a) the  Vice-Chancellor;

(b) two  members  of  the  Governing  Body,  nominated  by  the

sponsoring  body;

(c) two  Deans  of  the  University,  by  rotation,  to  be  nominated  by

the  Vice  Chancellor;

(d) three  persons,  who  are  not  the  members  of  the  Governing

Body,  nominated  by  the  sponsoring  body;  and

(e) three  persons  from  amongst  the  teachers,  nominated  by  the

sponsoring  body.

(2) The  Vice-Chancellor  shall  be  the  Chairperson  of  the  Board  of

Management.

(3) The  powers  and  functions  of  the  Board  of  Management  shall  be

such  as  may  be  specified  by  the  statutes.

(4) The  Board  of  Management  shall  meet  at  least  once  in  every  two

months.

(5) The  quorum  for  meetings  of  the  Board  of  Management  shall  be

five.

Board  of
Management.

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Academic
Council.

23.

(1)  The  Academic  Council  shall  consist  of  the  Vice-Chancellor

and  such  other  members  as  may  be  specified  by  the  Statutes.

(2) The  Vice-Chancellor  shall  be  the ex-officio  Chairperson  of  the

Academic  Council.

(3) The  Academic  Council  shall  be  the  principal  academic  body  of  the
University  and  shall,  subject  to  the  provisions  of  this  Act  and  the  rules,
statutes and ordinances made there under, co-ordinate and exercise general
supervision  over  the  academic  policies  of  the  University.

(4) The  quorum  for  meetings  of  the  Academic  Council  shall  be  such  as

may  be  specified  by  the  statutes.

24.

(1)  The  Board  of  Examination  shall  be  the  principal  authority  of
the  University  for  conducting  the  examination  and  making  policy  decisions
in  regard  to  organizing  and  holding  examinations,  scheme  or  policy  for
skill  based  assessments  and  weightage,  improving  the  system  of
examinations,  appointing  the  paper-setters,  examiners  moderators,  skill
assessors  from  industry,  and  also  prepare  the  schedule  of  dates  of  holding
examinations  and  declaration  of  results.  The  Board  of  Examination  should
also  oversee  and  regulate  the  conduct  of  examinations  in  examination
centers,  skill  centers,  study  centers  or  any  center  related  to  the  University.

Explanation.—For  the  purposes  of  this  section  and  of  section  38,  the
expression  “schedule  of  examinations”  means  a  table  giving  details  about
the  time,  day  and  date  of  the  commencement  of  each  paper  which  is  a  part
of  a  scheme  of  examinations  and  shall  also  include  the  details  about  the
practical  examinations.

(2) The  Board  of  Examination  shall  consist  of  following  members

namely :—

(a) the  Vice  Chancellor  -  Chairperson ;

(b) professor  of  each  subject  -  Member ;

(c) one  evaluation  expert,  co-opted  by  the  Board  of

Examination-Member ;

(d) the  Controller  of  Examination  -  Member-Secretary.

(3) The  powers,  and  functions  of  the  Board  of  Examinations  shall  be

such  as  may  be  laid  down  by  the  statutes.

25. The  constitution,  powers  and  functions  of  other  authorities  of  the

University  shall  be  such  as  may  be  specified  by  the  statutes.

Board  of
Examination.

Constitution,  Power
and  functions of

authorities of
University.

Disqualifications.

26. A  person  shall  be  disqualified  for  being  a  member  of  any  of  the

authorities  or  bodies  of  the  University,  if  he,—

(i) is  of  unsound  mind  and  stands  so  declared  by  a  competent

court;  or

(ii) has  been  convicted  of  any  offence  involving  moral  turpitude;  or

(iii) is  conducting  or  engaging  himself  in  private  coaching  classes;  or

(iv) has  been  punished  for  indulging  in  or  promoting  unfair
practices  in  the  conduct  of  any  examination,  in  any  form,  anywhere.

27. No  act  or  proceeding  of  any  authority  or  body  of  the  University
shall be invalid merely by reason of any vacancy or defect in the constitution
thereof.

Vacancies  not  to
invalidate  the
proceedings  of
any  authority  or
body  of  the
university.

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17

28.

In  case  there  occurs  any  casual  vacancy  in  any  authority  or  body
of  the  University,  due  to  death,  resignation  or  removal  of  a  member,  the
same shall be filled, as early as possible, by the person or body who appoints
or nominates the member whose place becomes vacant and person appointed
or  nominated  to  a  casual  vacancy  shall  be  a  member  of  such  authority  or
body  for  the  residue  of  the  term  of  such  member  in  whose  place  he  has
been  so  appointed  or  nominated.

Filling  of
casual
vacancies.

29.

(1)  The  authorities  or  officers  of  the  University  may  constitute
committees  with  such  terms  of  reference  for  specific  tasks  to  be  performed
by  such  committees  as  may  be  necessary.

Committees.

(2) The  constitution  of  such  committees  shall  be  such  as  may  be

specified  by  the  statutes.

30.

(1)  The  First  Statutes  of  the  University  shall  be  made  by  the
Governing Body and shall be submitted to the Government for its approval.

First  Statutes.

(2) Subject  to  the  provisions  of  this  Act,  and  the  rules  made  there
under, the First Statutes of the University may provide for all or any of the
following  matters,  namely :—

(a) the  constitution,  powers  and  functions  of  the  authorities  and
other  bodies  of  the  University,  as  may  be  constituted,  from  time  to
time ;

(b) the terms and conditions of appointment of the Vice-Chancellor

and  his  powers  and  functions ;

(c) the manner of appointment and terms and conditions of service
of  the  Deans  of  Faculties,  Registrar  and  Chief  Finance  and  Accounts
Officer  and  their  powers  and  functions ;

(d) the manner of appointment and terms and conditions of service

of  the  employees  and  their  powers  and  functions ;

(e) the  procedure  for  arbitration  in  case  of  disputes  between

employees,  students  and  the  University ;

(f) the  conferment  of  honorary  degrees ;

(g) the  provisions  regarding  exemption  of  students  from  payment
of  tuition  fee  and  for  awarding  to  them  scholarships  and  fellowships;

(h)  provisions  regarding  the  policy  of  admissions,  number  of  seats
in  different  courses  including  regulation  of  reservation  of  seats ;  and

(i)  provisions  regarding  fees  to  be  charged  from  the  students.

(3) The  Government  shall  consider  the  First  Statutes,  submitted  by
the  University  and  shall  within  four  months  from  the  date  of  its  receipt
give  its  approval  thereon  with  such  modifications,  if  any,  as  it  may  deem
necessary.

(4) The  Government  shall  publish  the  First  Statutes,  as  approved  by
it,  in  the Official  Gazette and  thereafter,  such  Statutes  shall  come  into
force  from  date  of  such  publication.

31.

(1)  Subject  to  the  provisions  of  this  Act  and  the  rules  made  there
under,  the subsequent  statutes  of the  University  may provide  for  all or  any
of  the  following  matters,  namely :—

Subsequent
statutes.

(a) creation  of  new  authorities  of  the  University ;
(b) accounting  policy  and  financial  procedure ;

¦ÉÉMÉ  +É`ö--80----3

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(c) representation of teachers in the authorities of the University ;

(d) creation  of  new  departments  and  abolition  or  restructuring  of

existing  departments ;

(e) institution  of  medals  and  prizes ;

(f) creation  of  posts  and  procedure  for  abolition  of  posts ;

(g) revision  of  fees ;

(h) alteration  of  the  number  of  seats  in  different  syllabi ;  and

(i) all  other  matters  which  under  the  provisions  of  this  Act  are  to

be  specified  by  the  statutes.

(2) The  statutes  of  the  University  other  than  the  First  Statutes  shall
be  made  by  the  Board  of  Management  with  the  approval  of  the  Governing
Body.

(3) The  Board  of  Management  may,  from  time  to  time,  make  new  or
additional  statutes  or  may  amend  or  repeal  the  statutes  so  made  in  the
manner  hereinafter  provided  in  this  section :

Provided  that,  the  Board  of  Management  shall  not  make  any  statute
or  any  amendment  of  the  statutes  affecting  the  status,  powers  or
constitution of any  existing authority of the University  until such authority
has  been  given  an  opportunity  of  expressing  an  opinion  on  the  proposal,
and  any  opinion  so  expressed  shall  be  in  writing  and  shall  be  considered
by  the  Governing  Body.

(4) Every  such  statute  or  addition  to  the  statutes  or  any  amendment
or repeal of the statutes shall be subject to the approval of the Government :

Provided  that,  no  statutes  shall  be  made  by  the  Board  of  Management
affecting  the  discipline  of  students  and  standards  of  instruction,  education
and  examination  except  in  consultation  with  the  Academic  Council.

First
Ordinance.

32.

(1)  The  First  Ordinances  of  the  University  shall  be  made  by  the
Governing Body and shall be submitted to the Government for its approval.

(2) Subject  to  the  provisions  of  this  Act  or  the  rules  or  statutes  made
there  under,  the  Board  of  Management  may  make  such  First  Ordinances
with  the  approval  of  the  Governing  Body  as  it  deems  appropriate  for  the
furtherance of the objects of the University and such ordinances may provide
for  all  or  any  of  the  following  matters,  namely :—

(a) the  admission  of  students  to  the  University  and  their

enrolment  as  such;

(b) the  courses  of  study  to  be  laid  down  for  the  degrees,  diplomas

and  certificates  of  the  University;

(c) the  award  of  the  degrees,  diplomas,  certificates  and  other
academic  distinctions,  the  minimum  qualifications  for  the  same  and
the  means  to  be  taken  relating  to  the  granting  and  obtaining  of  the
same;

(d) the  conditions  for  awarding  of  fellowships,  scholarships,

stipends,  medals  and  prizes;

(e) the  conduct  of  examinations,  including  the  terms  of  office  and
manner  of  appointment  and  the  duties  of  examining  bodies,  examiners
and  moderators;

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19

(f) fees  to  be  charged  for  the  various  courses,  examinations,

degrees  and  diplomas  of  the  University;

(g) the  conditions  of  residence  of  the  students  in  the  hostels  of

the  University;

(h) provisions  regarding  disciplinary  action  against  the  students;

(i) the creation, composition and functions of any other body which
is  considered  necessary  for  improving  the  academic  life  of  the
University;

(j)  the  manner  of  co-operation  and  collaboration  with  other

Universities  and  institutions  of  higher  education;  and

(k)  all  other  matters  which  are  required  to  be  provided  by  the
ordinances  under  the  provisions  of  this  Act  or  the  Statutes  made  there
under.

(3)  The  Government  shall  consider  the  First  Ordinances  submitted  by
the Vice-Chancellor  under sub-section  (1) and  shall give  its approval  within
four  months  from  the  date  of  its  receipt,  with  such  modifications,  if  any,  as
it  may  deem  necessary.

33.

(1)  All  ordinances  other  than  the  First  Ordinances  shall  be  made
by  the  Academic  Council  which  after  being  approved  by  the  Board  of
Management  shall  be  submitted  to  the  Governing  Body  for  its  approval.

Subsequent
Ordinances.

(2) The  Academic  Council  shall  either  modify  the  ordinances
incorporating  the  suggestions  of  the  Board  of  Management  and  the
Governing  Body  or  give  reasons  for  not  incorporating  the  suggestions,  and
shall  return  the  ordinances  along  with  such  reasons,  if  any.  The  Board  of
Management  and  the  Governing  Body  shall  consider  the  suggestions  of  the
Academic  Council  and  shall  approve  the  ordinances  of  the  University  with
or  without  such  modification  and  then  the  ordinances,  as  approved  by  the
Governing  Body  shall  come  into  force.

34. The authorities of the University may, subject to the prior approval
of  the  Board  of  Management,  make  regulations,  consistent  with  the
provisions  of  this  Act,  the  rules,  statutes  and  the  ordinances  made  there-
under,  for  the  conduct  of  their  own  business  and  of  the  committees
appointed  by  them.

Regulations.

35.

(1)  Admission  in  the  University  shall  be  made  strictly  on  the

Admissions.

basis  of  merit.

(2) Merit  for  admission  in  the  University  may  be  determined  either  on
the  basis  of  marks  or  grade  obtained  in  the  qualifying  examination  for
admission  and  achievements  in  co-curricular  and  extracurricular  activities
or  on  the  basis  of  marks  or  grade  obtained  in  the  entrance  test  conducted
at State level either by an association of the Universities conducting similar
courses  or  by  any  agency  of  the  State :

Provided  that,  admission  in  professional  and  technical  courses  shall

be  made  only  through  entrance  test.

(3) Seats  for  admission  in  the  University,  for  the  students  belonging
to  Scheduled  Castes,  Scheduled  Tribes,  De-notified  Tribes  (Vimukta  Jattis),
Nomadic  Tribes,  Other  Backward  Classes,  Special  Backward  Category  and
handicapped  students,  shall  be  reserved  as  per  the  policy  of  the  State
Government :

¦ÉÉMÉ +É`ö--80----3+

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Provided  that,  the  total  reservation  in  any  case  shall  not  exceed  fifty

per  cent.

(4) Out  of  the  total  approved  intake  capacity, seventy  per  cent.  of  the  seats
shall  be  reserved  for  the  students  having  domiciled  in  the  State  of  Maharashtra.

Fee  Structure.

36.

(1)  The  University  may,  from  time  to  time,  prepare  its  fees
structure  and  forward  it  for  approval  of  the  committee  constituted  by  the
State  Government  for  the  purpose.

(2) The  Government  shall  constitute  a  Fee  Structure  Review
Committee, in the manner as may be prescribed, to review the fee structure
proposals  received  from  University.

(3) The Chairperson  for  the  committee  mentioned  under  sub-section
(2)  shall  be  a  Retired  Justice  from  Supreme  Court  or  retired  Chief  Justice
of  any  High  Court.  The  chairman  of  the  committee  shall  be  a  person  who
is  recommended  by  the  Hon’ble  High  Court  at  Mumbai.

(4) The  committee  shall  consider  the  fees  structure  prepared  by  the
University,  review  it  and  shall  submit  its  recommendations  to  the
Government  after  taking  into  consideration  whether  the  proposed  fee  is—

(a) sufficient  for,—

(i) generating  resources  for  meeting  the  recurring  expenditure  of

the  University ;  and

(ii)  the  savings  required  for  the  further  development  of  the

University ;  and

(b) not  unreasonably  excessive.

(5) After  receipt  of  the  recommendations  under  sub-section  (4),  if  the
Government  is  satisfied,  may  approve  the  fee  structure.  The  fee  structure
approved  by  the  Government  shall  remain  valid  until  next  revision.

(6) State  Government  shall  not  reimburse  any  fees  or  shall  not  take
any  financial  liability  for  students  belonging  to  the  backward  classes
admitted  into  the  Self-financed  University.

(7) The University shall not charge any fees, by whatever name called,

other  than  that  for  which  it  is  entitled  under  sub-section  (5).

Prohibition  of
Capitation  Fee.

37.

(1)  No  capitation  fee  shall  be  collected  by  or  on  behalf  of  the
University  or  by  any  person  who  is  in  charge  of,  or  is  responsible  for,  the
management  of  such  institution,  from  or  in  relation  to  any  student  in
consideration  of  his  admission  to  and  prosecution  of  any  course  of  study  or
of  his  promotion  to  a  higher  standard  or  class  in  such  institution.

(2) Notwithstanding  anything  contained  in  sub-section  ( 1),  the
management  may  in  good  faith  collect  or  accept  donations  in  cash  or  kind,
in the prescribed manner, from benevolent persons or organization or public
trusts  or  any  other  association  of  persons,  for  opening  of  new  educational
institutions  of  for  creation  of  endowment  fund  for  award  of  scholarship,
prizes  or  the  like,  but  while  collecting  or  accepting  such  donations  the
management  shall  not  reserve  any  seats  in  any  educational  institution  run
by it in consideration of such donations. Where in consideration of accepting
such  donations  any  seat  is  reserved  for  admission  to  any  student  in  such
institution  such  acceptance  of  donation  shall  be  deemed  to  be  collection  of
capitation  fee,  within  the  meaning  of  clause  (a)  of  section  2  of  the
Maharashtra  Educational  Institutions  (Prohibition  of  Capitation  Fee)
Act,  1987.

Mah.  VI
of  1988.

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21

38. At  the  beginning  of  each  academic  session  and  in  any  case  not
later  than  30th  June  of  every  calendar  year,  the  University  shall  prepare
and  publish  a  semester-wise  or  annual,  as  the  case  may  be,  Schedule  of
Examinations  for  each  and  every  course  conducted  by  it  and  shall  strictly
adhere  to  such  Schedule :

Schedule  of
Examinations.

Provided  that,  if  for  any  reason  whatsoever,  University  is  unable  to
follow  this  Schedule,  it  shall,  as  soon  as  practicable,  submit  a  report  to  the
Government  giving  the  detailed  reasons  for  making  a  departure  from  the
published  Schedule  of  Examination.  The  Government  may,  thereon,  issue
such  directions  as  it  may  deem  fit  for  better  compliance  in  future.

39.

(1)  The  University  shall  strive  to  declare  the  results  of  every
examination  conducted  by  it  within  thirty  days  from  the  last  date  of  the
examination for a particular course and shall in any case declare the results
latest  within  forty-five  days  from  such  date :

Declaration  of
Results.

Provided  that,  if  for  any  reason  whatsoever,  the  University  is  unable
to  finally  declare  the  results  of  any  examination  within  the  period  of  forty-
five  days,  it  shall  submit  a  report  incorporating  the  detailed  reasons  for
such  delay  to  the  Government.  The  Government  may,  thereon,  issue  such
directions  as  it  may  deem  fit  for  better  compliance  in  future.

(2) No  examination  or  the  results  of  an  examination  shall  be  held
invalid  only  for  the  reasons  that  the  University  has  not  followed  the
Schedule  of  Examination  as  stipulated  in  section  38  or  that  the  University
has  failed  to  declare  the  results  within  the  period  specified  in
sub-section  (1).

40. The  convocation  of  the  University shall  be  held  in  every  academic
year  in  the  manner  as  may  be  specified  by  the  statutes  for  conferring
degrees,  diplomas  or  for  any  other  purpose.

Convocation.

41. The  University  shall  obtain  accreditation  from  the  National
Council  of  Assessment  and  Accreditation  (NAAC),  Bangalore  within  three
years  of  its  establishment  and  inform  the  Government  and  such  other
regulating  bodies  which  are  connected  with  the  courses  taken  up  by  the
University  about  the  grade  provided  by  NAAC  to  the  University.  The
University  shall  get  renewed  such  accreditation  at  an  interval  of  every  five
years  thereafter.

Accreditation.

42. Notwithstanding  anything  contained  in  this  Act,  the  University
shall  be  bound  to  comply  with  all  the  rules,  regulations,  norms,  etc.  of  the
regulating  bodies  and  provide  all  such  facilities  and  assistance  to  such
bodies  as  are  required  by  them  to  discharge  their  duties  and  carry  out
their  functions.

University  to
follow  rules,
regulation,
norms,  etc.  of
the  regulating
bodies.

43.

(1)  The  annual  report  of  the  University  shall  be  prepared  by  the
Board  of  Management  which  shall  include  among  other  matters,  the  steps
taken  by  the  University  towards  the  fulfillment  of  its  objects  and  shall  be
approved  by  the  Governing  Body  and  copy  of  the  same  shall  be  submitted
to  the  sponsoring  body.

Annual
Report.

(2) Copies  of  the  annual  report  prepared  under  sub-section  (1)  shall

also  be  presented  to  the  Government.

(3) The  State  Government  shall  cause  such  report  to  be  laid  before

each  house  of  the  State  Legislature.

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Annual
accounts  and
audit.

44.

(1) The annual accounts including balance sheet of the University
shall  be  prepared  under  the  directions  of  the  Board  of  Management  and
the  annual  accounts  shall  be  audited  at  least  once  in  every  year  by  the
auditors  appointed  by  the  University  for  this  purpose.

(2) A  copy  of  the  annual  accounts  together  with  the  audit  report  shall

be  submitted  to  the  Governing  Body.

(3) A  copy  of  the  annual  accounts  and  audit  report  along  with  the
observations  of  the  Governing  Body  shall  be  submitted  to  the  sponsoring
body.

(4) Copies  of  annual  accounts  and  balance  sheet  prepared  under

sub-section  (1)  shall  also  be  presented  to  the  Government.

(5) The  advice  of  the  Government,  if  any,  arising  out  of  the  accounts
and  audit  report  of  the  University  shall  be  placed  before  the  Governing
Body  and  the  Governing  Body  shall  issue  such  directions,  as  it  may  deem
fit  and  compliance  thereof  shall  be  reported  to  the  Government.

Powers  of  the
Government
to  inspect  the
University.

45.

(1)  For  the  purpose  of  ascertaining  the  standards  of  teaching,
examination  and  research  or  any  other  matter  relating  to  the  University,
the  Government  may,  after  consultation  with  the  President  and
Vice-Chancellor,  cause  an  assessment  to  be  made  in  such  manner  as  may
be  prescribed,  by  such  person  or  persons  as  it  may  deem  fit.

(2) The  Government  shall  communicate  to  the  University  its
recommendations  in  regard  to  the  result  of  such  assessment  for  corrective
action  and  the  University  shall  take  such  corrective  measures  as  are
necessary  so  as  to  ensure  the  compliance  of  the  recommendations.

(3) If  the  University  fails  to  comply  with  the  recommendations  made
under  sub-section  (2)  within  a  reasonable  time,  the  Government  may  give
such directions as it may deem fit which shall be binding on the University.

Dissolution  of
the  University
by  sponsoring
body.

46.

(1)  The  sponsoring  body  may  dissolve  the  University  by  giving  a
notice  to  this  effect  to  the  Government,  the  employees  and  the  students  of
the  University  at  least  one  year  in  advance :

Provided  that,  dissolution  of  the University  shall  have  effect  only  after
the  last  batches  of  students  of  the  regular  courses  have  completed  their
courses  and  they  have  been  awarded  degrees,  diplomas  or  awards,  as  the
case  may  be.

(2) On  the  dissolution  of  the  University  all  the  assets  and  liabilities

of  the  University  shall  vest  in  the  sponsoring  body :

Provided  that,  in  case  the  sponsoring  body  dissolves  the  University
before twenty five years of its establishment all the assets of the University
shall  vest  in  the  Government  free  from  all  encumbrances.

47.

(1)  If  it  appears  to  the  Government  that  the  University  has
contravened  any  of  the  provisions  of  this  Act  or  the  rules,  statutes  or
ordinances  made  there  under  or  has  contravened  any  of  the  directions
issued by it under this Act or has ceased to carry out any of the undertakings
given under section 5 of this Act or a situation of financial mis-management
or  mal-administration  has  arisen  in  the  University,  it  shall  issue  notice
requiring  the  University  to  show  cause  within  forty-five  days  as  to  why  an
order  of  its  liquidation  should  not  be  made.

Special  Powers
of  the  State
Government
in  certain
circumstances.

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23

(2) If  the  Government,  on  receipt  of  reply  of  the  University  on  the
notice  issued  under  sub-section  (1),  is  satisfied  that  there  is  a  prima  facie
case of  contravention of  all or any  of the  provisions of this  Act or  the rules,
statutes  or  ordinances  made  there  under  or  of  contravention  of  the
directions  issued  by  it  under  this  Act  or  of  ceasing  to  carry  out  the
undertaking given under section 5 of this Act or of financial mis-management
or  mal-administration,  it  shall  make  an  order  of  such  enquiry  as  it  may
consider  necessary.

(3) The  Government  shall,  for  the  purpose  of  any  enquiry  under
sub-section  (2),  appoint  an  inquiry  officer  or  officers  to  inquire  into  any  of
the  allegations  and  to  make  report  thereon.

5  of
1908.

(4) The  inquiry  officer  or  officers  appointed  under  sub-section  (3)  shall
have the same powers as are vested in  a civil court under the Code of Civil
Procedure,  1908  while  trying  a  suit  in  respect  of  the  following  matters,
namely :—

2  of
1974.

(a) summoning  and  enforcing  the  attendance  of  any  person  and

examining  him  on  oath;

(b) requiring  the  discovery  and  production  of  any  such  document

or  any  other  material  as  may  be  predicable  in  evidence;

(c) requisitioning  any  public  record  from  any  court  or  office;  and

(d) any  other  matter  which  may  be  prescribed.

(5) The  inquiry  officer  or  officers,  inquiring  under  this  Act,  shall  be
deemed  to  be  a  civil  court  for  the  purposes  of  section  195  and  Chapter  26
of  the  Code  of  Criminal  Procedure,  1973.

(6) On  receipt  of  the  enquiry  report  from  the  officer  or  officers
appointed  under  sub-section  (3),  if  the  Government  is  satisfied  that  the
University  has  contravened  all  or  any  of  the  provisions  of  this  Act  or  the
rules,  statutes,  or  ordinances  made  there  under  or  has  violated  any  of  the
directions  issued  by  it  under  this  Act  or  has  ceased  to  carry  out  the
undertakings  given  by  it  under  section  5  of  this  Act,  or  a  situation  of
financial  mis-management  and  mal-administration  has  arisen  in  the
University  which  threatens  the  academic  standard  of  the  University,  it
shall  issue  a  preliminary  order  for  the  liquidation  of  the  University  and
appoint  an  administrator.

(7) The  administrator  appointed  under  sub-section  (6)  shall  have  all
the  powers  and  be  subject  to  all  the  duties  of  the  Governing  Body  and  the
Board  of  Management  under  this  Act  and  shall  administer  the  affairs  of
the  University  until  the  last  batch  of  the  students  of  the  regular  courses
have  completed  their  courses  and  they  have  been  awarded  degrees,
diplomas  or  awards,  as  the  case  may  be.

(8) After  having  awarded  the  degrees,  diplomas  or  awards,  as  the
case  may  be,  to  the  last  batches  of  the  students  of  the  regular  courses,  the
administrator  shall  make  a  report  to  this  effect  to  the  Government.

(9) On  receipt  of  the  report  under  sub-section  (8),  the  Government
shall,  by  notification  in  the Official  Gazette,  issue  a  final  order  dissolving
the  University  and  from  the  date  of  publication  of  such  notification,  the
University  shall  stand  dissolved  and  all  the  assets,  and  liabilities  of  the
University  shall  vest  in  the  sponsoring  body  from  such  date.

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Secretary  level
committee  and
operationalization
of  university.

48.

(1)  Immediately  after  the  commencement  of  this  Act,  there  shall
be  established  a  Secretary  Level  Committee  in  order  to  verify  and  ensure
compliance  of  the  requirements  to  the  guidelines  relating  to  the
establishment of self-financed universities, framed by the State Government
from  time  to  time;  and  of  the  undertakings  submitted  by  the  sponsoring
body. The committee shall consist of the Secretaries-in-charge of the Higher
and  Technical  Education  Department,  the  Finance  Department,  and  the
Planning  Department.

(2) The  committee  constituted  under  sub-section (1), shall  submit  its

report  to  the  Government.

(3) On  receipt  of  the  report  under  sub-section  ( 2),  the  State
Government  shall,  publish  a  notification  allowing  the  operationalization  of
the  University.

(4) The  University  shall,  admit  the  students  only  after  issuance  of  the

notification  under  sub-section  (3).

Power  to
make  Rules.

49.

(1)  The  Government  may,  by  notification,  make  rules  for  carrying

into  effect  the  purposes  of  this  Act.

(2) Without  prejudice  to  the  generality  of  the  foregoing  power,  such

rules  may  provide  for  all  or  any  of  the  following  matters,  namely :—

(a) matters  to  be  prescribed  under  clause  (d)  of  sub-section  (4)  of

section  47;

(b) any other matter which is required to be, or may be, prescribed

by  rules.

(3) All  the  rules  made  under  this  Act  shall  be  laid,  as  soon  as  may  be
after  it  is  made,  before  each  house  of  the  State  Legislature,  while  it  is  in
session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one
session or in two successive sessions, and if, before the expiry of the session
in which they are so laid or the sessions immediately following, both Houses
agree in making any modification to the rule or both Houses agree that the
rule  should  not  be  made,  the  rule  shall  from  the  date  of  publication  of  a
notification, have effect only in such modified form or be of no effect, as the
case  may  be;  so,  however  that,  any  such  modification  or  annulment  shall
be  without  prejudice  to  the  validity  of  anything  previously  done  or  omitted
to  be  done  thereunder.

Power  to
Remove
Difficulties.

50.

(1)  If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this
Act,  the  Government  may,  as  occasion  arises,  by  an  order  published  in  the
Official  Gazette,  do  anything  not  inconsistent  with  the  provisions  of  this
Act,  which  appears  to  it  to  be  necessary  or  expedient  for  removing  the
difficulty :

Provided  that,  no  such  order  shall  be  made  after  expiry  of  a  period  of

two  year  from  the  date  of  commencement  of  this  Act.

(2) Every  order  made  under  sub-section  (1),  shall  be  laid,  as  soon  as
may be, after it is made, be laid before each House of the State Legislature.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT
PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH
GOSAVI.

